The following terms and conditions govern the rights and obligations of the parties resulting from the contract of sale concluded between the seller: Green Approach s. r. o., IČO: 47994274, Pri trati 25A, 821 06 Bratislava – Municipality of Podunajské Biskupice, registered in the Commercial Register of the District Court Bratislava I, Section: sro, File No .: 101899 / B (hereinafter referred to as “Seller”) and Buyer. The subject of this contract is the purchase and sale of goods on the seller’s e-commerce website.
Seller’s contact information:
Green Approach s. r. o.,
IČO: 47994274,
Pri trati 25A, 821 06
Bratislava – mestská časť Podunajské Biskupice,
zapísaná v Obchodnom registri Okresného súdu Bratislava I, oddiel: sro, vložka číslo: 101899/B
DIČ: 2024176506
IČ DPH: SK2024176506
Prevádzka: Pri trati 25A, 821 06 Bratislava – mestská časť Podunajské Biskupice
Email: teeshka@teeshka.sk
Supervisory Authority:
Slovenská obchodná inšpekcia (SOI)
Inšpektorát SOI pre Bratislavský kraj
Bajkalská 21/A, P. O. BOX č. 5, 820 07 Bratislava
Odbor výkonu dozoru
tel. č. 02/58 27 21 72, 02/58 27 21 04
fax č. 02/58 27 21 70
http://www.soi.sk
http://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti.soi
1.1. These business and complaint conditions in the wording valid on the day of conclusion of the purchase contract are an integral part of the purchase contract. In the case of conclusion of the purchase contract in writing, in which the terms agreed differently from these business and complaint conditions, the provisions of the purchase agreement shall prevail over these business and complaint conditions. Newly agreed business conditions must not conflict with other legal regulations (shortening the period for returning goods, warranty period, etc.)
1.2. For the purposes of these Terms and Conditions, ancillary contract means a contract whereby the buyer acquires the goods or provides a service related to the subject of the purchase contract, provided the goods or services are supplied by the seller or a third party under their agreement.
1.3 The displayed purchase price for goods on any e-commerce website operated by the Seller shall also include value added tax at a specified amount in accordance with the applicable legislation of the Slovak Republic. It does not include the price for the carriage of goods or other optional services. All trading and other actions are valid until stocks are sold out, unless otherwise specified for the item.
1.4. It is the seller’s right to adjust the selling price of the goods listed on the e-shop website at any time in the seller’s operation. Such a change does not apply to sales contracts concluded before the ground price, regardless of the fact that the goods have not yet been delivered.
2. Method of concluding the purchase contract
2.1. The purchase contract is concluded on the basis of a proposal sent by the buyer to the seller in the form of a completed and sent form via the website of the seller, to whom he submitted a proposal for its conclusion. The subject matter of the contract is the transfer of title to the goods designated by the buyer at the purchase price and under the conditions specified in this order (hereinafter referred to as the “order”).
2.2 After the order has been sent, an automatically generated message will be sent to the seller’s electronic system (hereinafter referred to as “order confirmation”) to the e-mail address. If necessary, it is possible that any additional information regarding the order may be sent to the buyer’s email address.
2.3 The confirmation of delivery of the order contains information that the order was delivered to the seller, but this is not an acceptance of the proposal to conclude a purchase contract.
2.4 Subsequently, information will be sent to the buyer’s e-mail address, which contains a notice whether the buyer’s order has been accepted (hereinafter referred to as “acceptance of the order”). The contents of the order acceptance are the name and specification of the goods, the sale of which is the subject of the purchase contract, information about the price of goods and / or other services, information about the probable delivery time of the goods, price and date of transport of goods to the agreed place of delivery for the buyer, as well as information about the seller such as business name, registered office, company identification number and the like. The notification may also contain other necessary information.
2.5. Conclusion of the purchase contract occurs by delivery of acceptance of the order by electronic or written form.
2.6 The Seller has informed the Buyer, in a clear, unambiguous, understandable and unmistakable manner, of the pre-contractual information regarding the complaint, payment, business, shipping and other terms before sending the order by:
- inform the Seller about the main characteristics of the goods or character of the service to the extent appropriate to the means of communication used and the goods or service on the relevant e-commerce catalog page of the Seller,
- information on the business name and registered office of the seller on the relevant e-commerce sub-page of the seller and in Art. 1 of these Terms and Conditions, which are placed on the respective e-commerce sub-page of the Seller,
- on the Seller’s telephone number and other data that are important for the Buyer’s contact with the Seller, in particular the address of his / her electronic mail and fax number if he / she has informed them on the relevant Seller’s e-commerce subpage and Art. 1 of these Terms and Conditions, which are placed on the respective e-commerce sub-page of the Seller,
- the address of the seller at which the buyer can make a claim for goods or services, file a complaint or other initiative reported in Art. 1 of these Terms and Conditions, which are placed on the respective e-commerce sub-page of the Seller,
- on the total price of the goods or services, including value added tax and all other taxes, or where, given the nature of the goods or services, the price cannot be reasonably determined in advance, the way in which it is calculated and transport, delivery, postage and other costs and charges or, if these costs and charges cannot be determined in advance of the fact that the buyer will be obliged to pay them, he has informed them on the relevant e-commerce catalog page of the seller,
- about the payment terms, delivery terms, the period within which the seller undertakes to deliver goods or services, information about the procedures for handling and handling complaints, complaints and suggestions of the buyer in the relevant articles of these terms and conditions, which are located on the relevant subpage e-commerce seller,
- on information on the right of the buyer to withdraw from the purchase contract, the conditions, deadline and procedure for exercising the right of withdrawal informed in Art. 10 of these terms and conditions, which are placed on the respective e-commerce sub-page of the Seller,
- on the provision of the form for withdrawal from the purchase contract informed in Art. 10 and in the Annex to these Terms and Conditions, which are placed on the respective e-commerce sub-page of the Seller; the seller also provided the withdrawal form itself in the annex to these terms and conditions, which are placed on the relevant e-commerce sub-page of the seller
- on information that if the buyer withdraws from the purchase contract, will bear the costs associated with the return of goods to the seller under § 10 par. 3 of Act no. 102/2014 Z.z. on the protection of consumers in the sale of goods or the provision of services under a distance or off-premises contract of the seller and amending and supplementing certain laws (hereinafter referred to as the “Consumer Protection Act for Distance Selling”) and the cost of returning the goods which, by reason of their nature, cannot be returned by post referred to in Art. 10 of these terms and conditions, which are placed on the respective e-commerce sub-page of the Seller,
- on the obligation of the buyer to pay the seller the price for the performance actually provided pursuant to § 10 par. 5 The Consumer Protection Act in distance selling, if the buyer withdraws from the service contract after giving the seller explicit consent under § 4 par. 6 of the Act on Consumer Protection in Distance Selling informed in Art. 10 of these terms and conditions, which are placed on the respective e-commerce sub-page of the Seller,
- on the circumstances in which the buyer loses the right of withdrawal in Art. 10 of these terms and conditions, which are placed on the respective e-commerce sub-page of the Seller,
- on instruction on the seller’s liability for defects of goods or services pursuant to Sections 622 and 623 of the Civil Code informed in Art. 8 of these terms and conditions, which are placed on the respective e-commerce sub-page of the Seller,
- on the existence and details of the guarantee provided by the manufacturer or the seller according to stricter principles than set out in § 502 of the Civil Code, if the manufacturer or seller provides it, as well as information on the existence and conditions of assistance and services provided to the buyer after the sale of goods or services, if such assistance is provided on the relevant e-commerce catalog page of the seller and Art. 9 of these terms and conditions, which are placed on the respective e-commerce sub-page of the Seller,
- the existence of relevant codes of conduct that the seller has undertaken to adhere to, and the manner in which the buyer can get to know them or obtain their wording on the relevant e-commerce catalog page of the seller,
- the duration of the contract in the case of a fixed-term contract; if the contract is concluded for an indefinite period or if the contract is automatically renewed, he also informed about the terms of the termination of the contract on the relevant e-commerce catalog page of the seller and in these business and complaint conditions, which are placed on the relevant the seller’s business,
- on the minimum duration of the Buyer’s obligations under the Purchase Agreement, if the Purchase Agreement implies such an obligation to the Buyer on the relevant Seller’s e-commerce catalog page and in these Terms and Conditions of Sale,
- on the obligation of the buyer to pay an advance or provide other financial security at the request of the seller and the conditions applicable to its provision, if the purchase agreement implies such an obligation for the buyer on the relevant e-commerce catalog page of the seller and in these terms and conditions on the seller’s e-commerce sub-page,
- on the functionality, including applicable technical safeguards to safeguard electronic content, where appropriate, provided on the relevant Seller’s e-commerce catalog page and in these Terms and Conditions of Sale, which are located on the Seller’s appropriate e-commerce sub-site,
- on the compatibility of electronic content with hardware and software that the Seller knows or is reasonably expected to know about, if appropriate, provided on the Seller’s relevant e-commerce catalog page and in these Terms and Conditions of Sale located on the relevant e-commerce subpage seller,
- of the possibility and conditions of out-of-court settlement of the dispute through the Alternative Dispute Resolution System, if the Seller undertook to use this system on the relevant Seller’s e-commerce catalog page and in these Terms and Conditions of Sale,
- on the necessary actions for the conclusion of the purchase contract by describing these necessary actions in these terms and conditions of complaint, which are located on the relevant sub-page of the electronic shop of the seller,
- that the Purchase Agreement will be deposited electronically with the Seller and is available to the Buyer after the Buyer requests the Seller in writing on the relevant Seller’s e-commerce catalog page and in these Terms and Conditions of Sale located on the Seller’s relevant e-commerce subpage .
- that the language offered for the conclusion of the contract is the Slovak language on the relevant catalog page of the electronic shop of the seller and in these terms and conditions of sale, which are located on the respective sub-page of the electronic shop of the seller.
2.7. If the Seller has not fulfilled its obligation to provide information pursuant to point 2.6. letter e) of these terms and conditions, the buyer is not obliged to pay these additional costs or fees.
3. The rights and obligations of the seller
3.1. The seller is obliged to:
a) if the order is confirmed by acceptance, the seller is obliged to deliver the goods to the buyer in the agreed quantity, time, quality and pack it and ensure the transport in the way necessary for its preservation and protection,
b) ensure that the delivered goods comply with the valid legal regulations of the Slovak Republic,
(c) send confirmation of the conclusion of the contract of sale on a durable medium, such as by e-mail. The acknowledgment shall be sent without delay and shall contain all information specified in 2.6. including the withdrawal form.
d) at the latest together with the goods, hand over to the Buyer in electronic or written form all necessary documents for taking over and using the purchased goods as well as other documents prescribed by the valid legal regulations of the Slovak Republic such as instructions in Slovak language, delivery note, warranty document.
2.3 The Seller has the right to a due and timely payment of the purchase price by the Buyer for the delivered goods.
3.3 In the case of unavailability of the goods or the sellout of the inventory, the seller is not able to deliver the goods to the buyer within the period agreed in the purchase agreement, determined by these terms and conditions or the agreed purchase price. (order cancellation). Withdrawal from the contract or cancellation of the order is possible by sending an email to the buyer. In the case of payment of the purchase price by the buyer or its part, the seller is obliged to return the already paid purchase price or its part within 14 days from the date of delivery of the e-mail about the withdrawal from the purchase contract resp. cancellation of the order to the buyer’s designated account, unless the parties agree otherwise. Unless the Buyer accepts the substitute performance offered by the Seller and does not withdraw from the Purchase Agreement, the Seller is entitled to withdraw from the Purchase Agreement. In the event of payment of the purchase price by the buyer or part thereof, the seller is obliged to return the already paid purchase price or part thereof within 14 days from the date of delivery of the withdrawal from the contract to the buyer.
4. Buyer’s rights and obligations
4.1. The seller informed the buyer of the obligation to pay the purchase price. This obligation is part of the order.
4.2 Buyer’s rights: The buyer has the right to deliver the goods in the quantity, quality, time and place agreed by the parties.
4.3 Obligations of the buyer:
a) pay the agreed purchase price to the seller within the agreed maturity period, including the cost of delivery of the ordered goods,
(b) take over the goods that have been ordered and delivered
(c) acknowledge receipt of the goods by his signature or the signature of a person authorized by him in the delivery note.
5. Delivery and payment terms
5.1 For every item on the e-commerce website, the usual availability of the item is stated, including the date of its dispatch.
5.2 The seller is obliged to deliver the goods to the buyer immediately, no later than 30 days from the date of conclusion of the purchase contract, unless otherwise agreed in the purchase contract. If the seller has not fulfilled this obligation, the buyer may invite him to deliver the item within a reasonable additional period specified by him. If the goods are not delivered within this additional reasonable period, the buyer is entitled to withdraw from the contract.
5.3 The seller is entitled to ask the buyer to take over the goods even before the expiry of the delivery period agreed in the purchase contract.
5.4 The display of goods on any e-commerce website operated by the seller is not merely illustrative. The dimensions, weight and other data of the goods contained in the Seller’s catalogs, brochures and other documents placed on the Seller’s e-commerce website are given by the manufacturer and may differ by + – 1% from the stated value.
5.5 The Buyer is obliged to take over the goods at the agreed place, under the purchase contract or in another way before the delivery of the goods (hereinafter referred to as the “place”). The Buyer is obliged to take over the goods in the time range, which is the Seller or his representative, authorized to deliver the goods and agreed by the Buyer in the purchase contract or otherwise in the time before delivery of the goods (hereinafter the “Time Range”).
5.6 If the Seller transports the goods to the Buyer at the place and within the time period, it is the Buyer’s obligation to take over the goods in person or to ensure the takeover of the goods by a person authorized by the Buyer. The buyer is obliged to sign a report on payment of the purchase price, delivery and handover of goods. The third party authorized to take over the goods is obliged to submit a copy of the order acceptance to the seller. The moment the goods are delivered to the buyer, the goods are considered delivered. Delivery of goods to the Buyer means delivery of the goods to the Place, its acceptance by the Buyer or a third person authorized by the Buyer and signing of the protocol on payment of the purchase price and delivery and delivery of goods by the Buyer or a third person authorized by the Buyer.
5.7 If it is necessary to repeat the delivery of the goods due to the absence of the buyer on the spot and in time or if the buyer fails to take over the goods within 7 days after the futile expiry without prior written withdrawal, the seller is entitled to claim compensation for attempting an unsuccessful delivery of goods to the site.
5.8 The buyer’s obligation is to check the received shipment, the packaging of goods and also the goods, immediately after delivery in the presence of the seller’s representative, such as courier. If a defect of the goods is found, it is the Seller’s representative’s duty to allow the Buyer to make a record of the nature and extent of the defect of the goods; With such a record delivered to the seller, the buyer may refuse to accept the delivered goods with a defect or confirm the delivery of the goods with a defect and subsequently pursuant to Art. 8 of these business and complaint conditions to claim a defect of goods with the seller or a person designated by him. If the buyer refuses to take delivery of the goods with defects, all the reasonably incurred costs of returning the goods to the seller shall be borne by the seller.
5.9 In the event of failure to deliver the goods by the seller, the buyer is entitled within the period specified in point 5.2. of these Terms and Conditions to withdraw from the purchase contract and the seller is obliged to return to the buyer already paid purchase price or part thereof within 14 days from the date of delivery of withdrawal from the purchase contract. The funds will be transferred to a bank account specified by the buyer.
6. Purchase price
6.1. The purchase price for the goods agreed in the purchase contract between the buyer and the seller is stated in the order acceptance (hereinafter referred to as the “purchase price”). If the purchase price on the order receipt is higher than the price for identical goods listed in the e-commerce offer at the time the order is sent by the buyer, the seller will deliver an electronic message to the buyer informing the buyer of a new purchase price for the conclusion of a new purchase contract, which the buyer must expressly confirm by e-mail or in writing, in order to validly conclude the purchase contract.
6.2 The Buyer is obliged to pay the Seller the purchase price, including the costs of delivery of the goods by wire transfer to the Seller’s account stated in the order acceptance or on the Seller’s website at the time before the goods takeover.
6.3 When paying the purchase price by bank transfer to the seller’s account, it is considered to be the day of payment when the entire purchase price was credited to the seller’s account.
6.4 It is the Buyer’s obligation to pay the Seller the purchase price for the agreed goods within the period of time specified in the Purchase Agreement, but at the latest upon receipt of the goods.
6.5 The Seller is entitled to refuse to deliver the goods to the Buyer if the Buyer fails to pay the Seller the full purchase price by the moment the Goods are delivered to the Site and the Parties have not agreed to pay the purchase price for the goods in installments.
6.6 Assembly, delivery and related costs are not included in the purchase price and the seller is not obliged to provide the buyer.
7. Acquisition of ownership and transfer of risk of damage to goods
7.1. The buyer acquires the ownership right to the goods only after full payment of the purchase price for the goods.
7.2 At the moment of receipt of the goods by the Buyer or a third person authorized by the Buyer from the Seller or his representative authorized to deliver the goods, or failing to do so in a timely manner,
8. Final provisions
8.1. In the case of conclusion of the purchase contract in writing, any change must be in writing
8.2 The Parties agree that communication between them shall take the form of e-mail messages.
8.3. Relationships not regulated by these business and complaint conditions are subject to the relevant provisions of the Civil Code, Act, Act no. 22/2004 Coll. on e-commerce and on amendment of Act no. 128/2002 Coll. on State Control of the Internal Market in Consumer Protection Matters and on Amendments to Certain Acts, as amended by Act No. 284/2002 Coll. as amended and Act no. 102/2014 Z.z. on the protection of consumers in distance selling.
8.4. These business and complaint conditions come into effect against the buyer by concluding the purchase contract.
8.5. Before placing an order, the buyer will be asked to confirm by checking the box that he has read, read, understood and fully agrees with these terms and conditions.
9. Alternative dispute resolution
9.1. The Buyer has the right to ask the Seller for redress if he / she feels that the Seller has violated his / her rights or failed to settle the claim so that he / she is also satisfied. If the seller fails to respond to the request or refuses to respond within 30 days, the consumer may submit a proposal to initiate an alternative dispute resolution entity (ADR entity) pursuant to Act 391/2015 Coll. Pursuant to Section 3 of Act No. 391/2015 Coll. ADRs are bodies and authorized legal entities. The consumer may submit a petition in the manner specified pursuant to Section 12 of Act No. 391/2015 Coll. It may also submit an application online through the ADR platform.
Alternative dispute resolution is reserved exclusively for consumers of natural persons, not purchasing businessmen. The dispute is settled between a consumer and a seller who has concluded a distance contract and whose dispute is worth more than EUR 20. The maximum charge an ADR can charge is EUR 5 from the buyer to cover the costs.
CAUTION:
These General Terms and Conditions have been developed for Green Approach s. r. o., IČO: 47994274, Pri trati 25A, 821 06 Bratislava – municipal district Podunajské Biskupice, registered in the Commercial Register of the District Court Bratislava I, section: sro, file number: 101899 / B, by Krši sro, Hviezdoslavova 275/27, Žiar nad Hronom 965 01, IČO: 50 532 464, which reserves its copyright to this work. Any use of this work or any part thereof (reproducing, copying, scanning or otherwise disseminating the texts, tables and other components of this work) by mechanical or electronic means without the prior written permission of Krši s.r.o. for such use is strictly prohibited.
Annex no. 1
Withdrawal from a distance contract
within the meaning of § 7 et seq. Act no. 102/2014 Coll. on the protection of consumers in the sale of goods or services under a distance or off-premises contract and amending and supplementing certain laws
| Seller | |
| Business name: |
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| Street and number: |
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| City |
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| Zip |
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| Identification: |
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| VAT number: |
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| Phone: |
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| E-mail: |
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| The buyer | |
| Name and surname: |
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| Street and number: |
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| The city: |
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| Zip: |
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| Phone: |
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| E-mail: |
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| I hereby notify you that I am withdrawing from the closed (choose one): |
| Purchase contract |
| service contracts |
| The subject of the contract was purchased through the website: |
| I received a confirmed order number: |
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| From day: |
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| Invoice number: |
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| Goods delivered to me on (takeover day): |
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| Therefore, I request a refund (leave only one option): | |
| full invoice value (all invoiced goods are subject to withdrawal) or partial invoice value (only some of the goods are subject to withdrawal) | |
| name of the returned subject of the contract, and number of pieces (only if you return only part of the subject of the contract): |
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| Required return value: |
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| Please refund (keep the selected amount): |
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| by postal order to my address (above) |
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| bank transfer, bank number / code or IBAN: |
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If the goods are not part of the shipment, I acknowledge the fact that the seller is not obliged to return the money within 14 days from the date of delivery of withdrawal, until the goods are not delivered, or I can not prove the sending of these goods.
I shall send the goods to the seller within 14 days from the date of withdrawal.
Done at ……………………………… .. On …………………… ..
………………………………
Name surname
(Signature)
Annex no. 2
Information on exercising the buyer’s right to withdraw from the purchase contract
1. Right of withdrawal
You have the right to withdraw from this purchase agreement without giving any reason within 14 days.
The withdrawal period expires 14 days from the date on which you or your third party, other than the carrier, accepts the goods.
When exercising the right of withdrawal, please notify us of your decision to withdraw from this purchase agreement by making a clear statement (such as a letter sent by mail or email) at
Green Approach p. r. about.,
Pri trati 25A, 821 06
Bratislava – city district Podunajské Biskupice,
teeshka@teeshka.sk
For this purpose, you can use the model withdrawal form attached as Annex no. 1 of the Terms and Conditions. If you are interested, you can fill in and send a sample withdrawal form or any other unambiguous notice of withdrawal, also electronically via our website [insert website address]. If you use this option, we will promptly confirm your acceptance of the withdrawal from the purchase contract by e-mail, resp. on another durable carrier.
The withdrawal period is maintained if you send a notice of exercise of the withdrawal right before the withdrawal period expires.
2. Consequences of withdrawal
In the event of withdrawal from the purchase contract, we will refund all payments you made in connection with the conclusion of the purchase contract, especially the purchase price, including the cost of delivery of the goods to you. This does not apply to additional costs if you have chosen a different method of delivery than the cheapest standard delivery method that we offer for additional services if they have been the subject of the contract and have been fully provided. Payments will be refunded without undue delay and in any event no later than 14 days from the date of receipt of your notice of withdrawal from this purchase agreement. They will be paid in the same manner as you used to make your payment, unless you explicitly agree to another form of payment, without charging any additional charges.
You will be paid for the purchased goods only after delivery of the returned goods to our address or upon submission of a document proving the return of the goods, whichever comes first.
Return the goods to us or bring them to the address of the company without undue delay and in any case no later than 14 days from the date of exercise of the right of withdrawal. The deadline is considered to be maintained if you send the goods back before the 14-day deadline. You bear the direct cost of returning the goods.
Please note that in the event of withdrawal from the contract of sale, you are responsible for any diminution in the value of the goods as a result of the handling between the time of delivery and the date of return other than what is necessary to determine the nature, properties and functionality of the goods.
